Only recently in New York v. Belton, 453 U.S. 454 (1981), we stated that " `[a] single familiar standard is essential to guide police officers, who have only limited time and expertise to reflect on and balance the social and individual interests involved in the specific circumstances they confront.'

15, 16. Finally, inspection of an arrestee's personal property may assist the police in ascertaining or verifying his identity. 3d 830, 425 N. E. 2d 1383, reversed and remanded. The Illinois Appellate Court affirmed, holding that the shoulder bag search did not constitute a valid search incident to a lawful arrest or a valid inventory search of respondent's belongings. It first held that the State had waived the argument that the search was incident to a valid arrest by failing to raise that argument at the suppression hearing.

On appeal, the Illinois Appellate Court affirmed. I agree that the police do not need a warrant or probable cause to conduct an inventory search prior to incarcerating a suspect, and I therefore concur in the judgment. Quin Denvir and George L. Schraer filed a brief for the California State Public Defender as amicus curiae urging affirmance. The practical necessities of securing persons and property in a jailhouse setting justify an inventory search as part of the standard procedure incident to incarceration. It first held that the State had waived the argument that the search was incident to a valid arrest by failing to raise that argument at the suppression hearing.

More intrusive search can be done at station, Constitutional Criminal Procedure Outline, Professional Responsibility Outline with California Distinctions. Michael A. Ficaro, Assistant Attorney General of Illinois, argued the cause for petitioner. In Cady v. Dombrowski, 413 U.S. 433 (1973), for example, we upheld the search of [462 U.S. 640, 648] the trunk of a car to find a revolver suspected of being there. It is immaterial whether the police actually fear any particular package or container; the need to protect against such risks arises independently of a particular officer's subjective concerns.

Peter A. Carusona argued the cause for respondent. 14 Jan 2011, 2:56 pm by Eugene Volokh.

MARSHALL, J., filed an opinion concurring in the judgment, in which BRENNAN, J., joined, post, p. 649.

App. A standardized procedure for making a list or inventory as soon as reasonable after reaching the station house not only deters false claims but also inhibits theft or careless handling of articles taken from the arrested person. He testified that he was not seeking and did not expect to find drugs or weapons when he searched the bag, and he conceded that the shoulder bag was small enough that it could have been placed and sealed in a bag, container, or locker for protective purposes. BURGER, C. J., delivered the opinion of the Court, in which WHITE, BLACKMUN, POWELL, REHNQUIST, STEVENS, and O'CONNOR, JJ., joined. June 20, 1983. See also United States v. Martinez-Fuerte, 428 U.S. 543, 557, n. 12 (1976).

Examining all the items removed from the arrestee's person or possession and listing or inventorying them is an entirely reasonable administrative procedure. A warrantless search incident to arrest must be justified by a need to remove weapons or prevent the destruction of evidence. See South Dakota v. Opperman, supra. Id., at 447. After the hearing, but before any ruling, the State submitted a brief in which it argued for the first time that the search was valid as a delayed search incident to arrest. Listed below are those cases in which this Featured Case is cited. We explained the basis for this doctrine in United States v. Robinson, supra, where we said: An arrested person is not invariably taken to a police station or confined; if an arrestee is taken to the police station, that is no more than a continuation of the custody inherent in the arrest status. Delaware v. Prouse, 440 U.S. 648, 654 (1979). There he found respondent involved in an altercation with the theater manager. 3d, at 835, 425 N. E. 2d, at 1386 (citation omitted). Younger for the Chicago Police Department et al.

(b) The fact that the protection of the public and of respondent's property might have been achieved by less intrusive means does not, in itself, render the search unreasonable. RSS Subscribe: 20 results | 100 results. Arrested persons have also been known to injure themselves - or others - with belts, knives, drugs, or other items on their person while being detained. 46 Illinois v Lafayette 462 U.S. 460 (1983). [462 U.S. 640, 650], Everyone's Place for Police Related Case Law, Copyright © 2003-2020 [Case Law 4 Cops]. We are hardly in a position to second-guess police departments as to what practical administrative method will best deter theft by and false claims against its employees and preserve the security of the station house. Mietzner then removed the contents of the bag, and found 10 amphetamine pills inside the plastic wrap of a cigarette package.

The justification for such searches does not rest on probable cause, and hence the absence of a warrant is immaterial to the reasonableness of the search.

ILLINOIS, Petitioner . See South Dakota v. Opperman, supra. We granted certiorari, 459 U.S. 986 (1982), because of the frequency with which this question confronts police and courts, and we reverse. App.

Thereafter, the trial court ordered the suppression of the amphetamine pills. 3d, at 835, 425 N. E. 2d, at 1386 (citation omitted).

Id., at 832, 425 N. E. 2d, at 1385. The question here is whether, consistent with the Fourth Amendment, it is reasonable for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station house incident to booking and jailing the suspect.

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